Harold A. Peterson Mary J. Peterson v. Soo Line Railroad Company Dca Health Care Management Group, Inc.

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold A. PETERSON; Mary J. Peterson, Plaintiffs-Appellants, v. SOO LINE RAILROAD COMPANY; DCA Health Care Management Group, Inc., Defendants-Appellees. No. 91-35659. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 9, 1992. Decided Oct. 15, 1992. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 In this diversity action, Harold A. Peterson and Mary J. Peterson ("the Petersons") appeal the district court's summary judgment holding that their state law claims were preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (1985) ("ERISA"). The Petersons further contend that they were improperly denied an opportunity to amend their complaint to add additional state law claims. We have jurisdiction under 28 U.S.C. § 1291 (1966), and we affirm. DISCUSSION 3 Summary judgment is "appropriate only when no genuine…